Member

40: Clause 28, page 41, line 13, at end insert— “3B Section 3A: power to require Secretary of State’s consent in certain cases(1) The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.(2) The cases are those where—(a) a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and(b) the capacity threshold is exceeded.(3) In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.(4) In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—(a) the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or(b) the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage. (5) An extension is “non-consented” for the purposes of subsection (4)(b) if—(a) it was enabled by an exercise of the Commissioners’ powers under section 3A, and(b) that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).(6) But an extension ceases to be “non-consented” for those purposes if—(a) a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and(b) that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).(7) The relevant wattage is—(a) 5 megawatts, if the station generates electricity from wind, and(b) 50 megawatts, if it does not.(8) The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).(9) In calculating the relevant wattage there is to be disregarded—(a) in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;(b) in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.(10) In this section—“generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));“storage” is to be read in accordance with section 3A(9).3C Regulations under section 3B: further provision(1) Regulations under section 3B(1) may—(a) make provision about the process by which consent is to be sought and given or refused;(b) provide for consent to be given subject to conditions.(2) Regulations under section 3B may—(a) make different provision for different purposes or areas;(b) include consequential, incidental, supplementary, transitional or saving provision.(3) Regulations under section 3B are to be made by statutory instrument.(4) A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(5) A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.”Member's explanatory statement See the explanatory statement for my amendment at page 40, line 1.